CT HW 1 - Janine Nipal Cases 48-1 Freeman v Barrs Facts...

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Janine Nipal Cases 48-1 // Freeman v. Barrs Facts : Francis Freeman Jr. sues Mary Ann Barrs to replevy a cattle scale from the property he sold to Mary for $3.5 million. In the contract, there were four residences, two barns, and a pole barn. The acquisition included everything within the property that was seen as a fixture. Francis originally bought the portable scale separately for $11,000 to facilitate weighing the cattle. To make the scale portable, he needed a trailer and inverter, which he did not buy himself Francis argues that the scale is not a fixture and wants to keep the item. Issue : Was the scale a fixture? Holding : The plaintiff is denied on his claim for replevin. Rule of Law : In order for a chattel to be classified as a fixture, there are several requirements. The property must be an annexation to the area. In 2001, the plaintiff purchased the scale in 2001. Additionally, the adaption to the property must prove to be purposeful. The ranch manager for the plaintiff claimed the scale to be an integral asset to the property, as it expedites the cattle weighing process. Finally, there must be intent that the item is a permanent succession to the land. Although the scale was portable, that does not cancel its idea of being a
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  • Spring '13
  • Prof.NormanBerle
  • inter vivos, Gilchrist, Sam Gilchrist, Mark Hadfield, 48-3 // Hadfield

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